'Internet Access Fundamental Right For Children': Supreme Court No To Age-Related Ban

The Supreme Court of India has ruled that access to and use of the internet is a fundamental right for every individual, including children, regardless of their age. The court emphasized that protecting children from online harm should not be allowed to infringe upon their constitutional freedoms, such as freedom of speech and expression.

A bench of Justice J.B. Pardiwala and K. Vinod Chandran delivered the judgment on October 15, 2026, and issued instructions to enhance efforts to detect and eliminate child sexual exploitation and abuse material (CSEAM) from online platforms.

The court rejected the notion that children should be denied internet access altogether for safety reasons, stating that their constitutional rights must be protected alongside measures to prevent online exploitation. It emphasized that the internet serves as a marketplace of ideas, a platform for creative expression, and a source of information, particularly for children living in remote areas.

The court also noted that the freedom of speech and expression includes the right to know, receive and impart information, which is crucial for many children, especially those with special needs.

Addressing calls for stricter age-based restrictions on children's internet use, the court rejected blanket bans as disproportionate and lacking in effectiveness. It warned that prohibiting children from accessing the internet could push them towards unregulated platforms where harmful content and online threats may be harder to monitor. The court also expressed concerns about mandatory age-verification systems, as they could increase privacy and surveillance risks without proven effectiveness in making children safer.

The Supreme Court stressed that the focus should be on addressing harmful content and holding those responsible accountable rather than restricting children's access to the internet due to failures by online platforms. It emphasized the importance of strengthening content moderation and ensuring that harmful material is detected and removed from online services.

The court's directions aim to improve systems for identifying and removing CSEAM across social media platforms and other online services, placing online child safety within a broader framework of platform responsibility, enforcement, and proportionate regulation.